Summary: We will not investigate this complaint about Housing Benefit or Council Tax Support. It is reasonable for Mr X to use his right to appeal.

The complaint

1. Mr X complained about how the Council assessed his Housing Benefit and Council Tax Support. He said it did not provide evidence of how it reached its calculations. He does not think it has calculated the amount he owes correctly.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Social Entitlement Chamber (also known as the Social Security Appeal Tribunal) is a tribunal that considers housing benefit appeals. (The Social Entitlement Chamber of the First Tier Tribunal)
5. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
6. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The Council wrote to Mr X at the start of 2023 stating it had overpaid him Housing Benefit and Council Tax Support. Mr X challenged the Council’s assessment.
10. The Council reviewed its decision and wrote to Mr X in November 2023. It found in Mr X’s favour. It said there were periods it had underpaid Mr X’s Housing Benefit and Council Tax Support. However, there were also periods it had overpaid the support owed. It said it would recover that money from his benefits.
11. Mr X asked the Council to explain how it had reached the overpayment decision. It took the Council five months to respond to that query. It said the decision letter it issued in November was correct. Mr X continued to disagree with the Council’s assessment.
12. We will not investigate this complaint. Although there was a delay in the Council responding to Mr X’s email, there is nothing worthwhile to be achieved by considering that further. The substantive matter that remains in dispute is how the Council has calculated Mr X’s benefits and its overpayment decision. Mr X can appeal this to the Tribunal. The Tribunal is an independent, expert body whose decisions are binding on the Council. Any decision about overpayments is not one the Ombudsman can make.

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Final decision

13. We will not investigate Mr X’s complaint because it is reasonable for him to appeal to the Tribunal.

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Investigator's decision on behalf of the Ombudsman